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My ex husband and I have joint custody. He has 51% and I have 49. Can he keep my children away from me?

Hinesville, GA |

A month ago my ex husband heard some rumors about things that happened at my house and he has no proof of these things. He has since with held my children from me and it states clearly in our custody papers that we both have reasonable and liberal visitation. He is trying to get a restraining order on me to prevent me from seeing my kids. When I haven't stepped foot In is yard in almost 2 months. Can he do this. And how do I go about getting my visitation back?

Attorney Answers 3

  1. While it is fine for a custody order to state that the parties shall have liberal and reasonable visitation as the parties can agree, there should be a provision for set days and times for child support in the even the parties cannot agree. If there are set days and he is denying you those days, he is in contempt and you should pursue a contempt action against him. If there is not, he can just state that the visitation was unreasonable given the circumstances. He may still be in contempt, but the outcome is less certain. If he is trying to get a restraining order (also know as a protective order) against you, this shows that he understands the need to have a Judge sign an order to modify the visitation in any way. You need to hire an attorney to defend this action, and bring up the denial of visitation as part of that case. Without an attorney, you face the possibility of having your visitation taken away via court order.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP EMAIL:, OFFICES: 53 W. Candler St., Winder, Ga. 30680, 106 Washington Street, Jefferson, Ga. 30549, Or 718 Oak St. Gainesville, Georgia. PHONE: (770) 307-4899 or (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  2. Is it reasonable for him to with hold visitation for the safety of the children based upon what he has heard? You need a clearer visitation order. That may be for a court to decide. You should contact the attorney you used for your divorce proceedings to get visitation restarted.

    Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.

  3. If there are clear provisions as to when you are supposed to have the children and when he is and he has not abided by those provisions, you can file a contempt action against him for doing so and for preventing you from seeing the children. If he was concerned about something that he heard, his appropriate course of action would be to speak with you about it and, if a grave concern, he should file something with the Court to try to change custody. The way he is going about it is improper. You should call an attorney TODAY and speak with them in detail about what is going on, what your ex believes that has caused him to do this, and discuss filing an action with the Court.

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